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ahoskins  
#1 Posted : 13 October 2010 07:59:51(UTC)
Rank: Super forum user
ahoskins

So the trial for corporate manslaughter of Cotswold Geotechnical has been adjourned until January 2011 and gross negligence manslaughter charges against its managing director have been dropped because of his ill health. (ref: Workplace Law website). It's to do with not wasting public money apparently.
RayRapp  
#2 Posted : 13 October 2010 11:00:38(UTC)
Rank: Super forum user
RayRapp

It appears to be very difficult to bring a case to trail. I don't understand all the naunces of the legal system but it does seem that defendants get all the symapthy, shame the same consideration is not given to victims and their families This case is provoing to be at best an embarrasment, at worst a disaster. Not sure why it was deemed necessary to charge the defendant with gross negligence manslaughter, s37, s2 as well as corporate manslaughter. It did seem to be a bit OTT. Given all that it has taken to finally get the CMA on the statute books I feel a more appropriate case would have been better in the first instance. The Act was principally designed to ensure large organisations were brought to justice, instead of hiding behind the corporate veil - alas, we can only wait. Case at: http://www.shponline.co....orate-manslaughter-trial
stephendclarke  
#3 Posted : 13 October 2010 19:53:23(UTC)
Rank: Forum user
stephendclarke

Hi, I may be wrong but I think the CM Act applies only to organisations not individuals. Upon conviction an organisation could be fined, ordered to make changes and/or be served with a publicity notice. Gross negligence manslaughter, s37 and s2 apply to the individuals. Regards Steve
RayRapp  
#4 Posted : 14 October 2010 08:46:25(UTC)
Rank: Super forum user
RayRapp

Stephen Almost correct, s2 offence is against the company and not an individual, whereas s37 is against the individual company officer, subject to a company conviction for an indictable offence.
bwm  
#5 Posted : 14 October 2010 12:57:57(UTC)
Rank: Forum user
bwm

So getting this right then, where are we.... The corporate manslaughter case hasn't been dropped - just the manslaughter charges against the individual? The individual hasnt been charged with "gross negligence manslaughter, s37, s2 as well as corporate manslaughter"? It is therefore presumably not "provoing to be at best an embarrasment, at worst a disaster"? And maybe it is not "a bit OTT" after all? Who knows? Possibly the judges who have not thrown it out yet which suggests it may not be any of the above.
peter gotch  
#6 Posted : 14 October 2010 13:39:39(UTC)
Rank: Super forum user
peter gotch

bwm As I read the information in the public domain..... Both charges against the director have been dropped, i.e. including the Section 37 case. Defence solicitors are seeking to have the charges against the company also dropped at intermediate hearing in December - in effect they will make very similar arguments to those used to ask for the charges against individual to be dropped.
bwm  
#7 Posted : 14 October 2010 14:59:11(UTC)
Rank: Forum user
bwm

Yes - but my point was that to suggest that proof that the charges were OTT or an embarrassment just because they were stayed (not dropped) is misguided. And the term "dropped" suggests it was dropped by the prosecutors as they realised their mistake. The term should be stayed - which was probably done on lengthy discussion with the court.
RayRapp  
#8 Posted : 14 October 2010 17:42:20(UTC)
Rank: Super forum user
RayRapp

bwm ...that was my personal opinion, of course, therefore there is no need to provide 'proof'. It would be more useful to add something constructive, rather than just criticise the opinion of others or correct their legal jargon.
bwm  
#9 Posted : 15 October 2010 09:21:40(UTC)
Rank: Forum user
bwm

no need to provide ..... ahh it's Friday. No offence meant Ray, but arguing that correcting someone who doesn't need proof is not constructive is funny.
MB1  
#10 Posted : 15 October 2010 10:15:55(UTC)
Rank: Super forum user
MB1

Most likely a CPS decision not to pursue as not in the public's interest to sit and wait to see if/when the individual would be fit enough in health to attend court?
A Kurdziel  
#11 Posted : 15 October 2010 13:08:49(UTC)
Rank: Super forum user
A Kurdziel

My understanding is that the accused individual was suffering from mental health problems and that is why the case against them was dropped. The company was unfortunately a "one man band" , which is not the sort of business the Corporate Manslaughter Act was meant to go after anyway so it is conceivable that they might drop those charges too. There are other more interesting cases in the pipeline I have been informed by certain legal sources, so the Act still has a way to go before we decide that it is not worth the paper it is written on.
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